Making Sure Your Business Complies With The E-2 Visa Guidelines
The E-2 Visa is a popular avenue for investors from across the world hoping to start or acquire a business in the United States. However, in addition to setting forth specific requirements regarding the applicant’s nationality and the character of the investment, the E-2 Visa Guidelines also...
The Business Must be a “Bona Fide Enterprise”Your E-2 Visa investment must be directed to a business that is a “bona fide enterprise,” which is defined by the U.S. government as a “real, active and operating commercial or entrepreneurial undertaking which produces services or goods for profit.” In other words, you cannot invest in a nonprofit, or a holding company that receives passive income from real estate. The business must still be in operation and meet the applicable legal requirements for doing business within its jurisdiction.
To prove that the business is a bona fide enterprise, you will have to submit a variety of evidence, such as financial statements, founding documents, executed agreements with vendors or clients, a commercial lease agreement or real estate contract, public records that the company is registered in its state, and so on. The more proof you can provide that the enterprise is active and commercial, the likelier you will qualify.
If the E-2 Visa will be used to start a new business, then you will need to draw up and submit a business plan credibly detailing what the business will do, how it will operate, and how you intend to grow and expand it.
The Business Cannot be “Marginal”A marginal enterprise is defined as only generating enough income to support the E-2 Visa holder and his or her family. Thus, the E-2 business must make enough money to support other personnel. In essence, you will have to employ other people to prove nonmarginal status.
The Business Must be Developed or Controlled by the E-2 Visa InvestorTo qualify for E-2 classification, your relationship to the enterprise cannot be passive or secondary: you must either be a principal investor (defined as owning at least half the business) or serve in a position that is of an “executive or supervisory character” (having ultimate control and responsibility for the enterprise’s overall operations or a major aspect of its operations).
Jurado & Farshchian, P.L. Can Help You Understand the E-2 Visa GuidelinesYou must carefully determine whether your business goals comport with the E-2 Visa guidelines or whether you need to readjust your business plans accordingly. There are several other crucial requirements pertaining to your nationality and the size and character of the investment. Figuring out all these guidelines will be far easier with the help of an immigration attorney from Jurado & Farshchian, P.L. We have helped clients from all over the world qualify for a variety of visas, including the E-2. To improve your chances of being approved for the E-2 Visa, contact me at 305-921-0440 or email me directly at [email protected]